Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 283
Code: Section 283 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section outlines the powers of certain Magistrates to conduct summary trials for
specific offenses. It allows:
- Chief Judicial Magistrate
- Magistrate of the First Class
to try in a summary way offenses like theft, receiving stolen property, assisting in
concealment of stolen property, criminal intimidation, insult with intent to provoke
breach of peace, and abetment or attempts to commit these offenses.
This summary trial procedure applies only when the value of stolen property
involved does not exceed twenty thousand rupees. Additionally, the section
allows the Magistrate to conduct summary trials for any offense not punishable
with death, life imprisonment, or imprisonment exceeding three years, after
giving the accused a chance to be heard and recording the reasons in writing.
However, if during the summary trial, the Magistrate deems it inappropriate to
continue summarily, they can recall witnesses, re-hear the case, and proceed
according to the regular procedures outlined in the Sanhita.
Illustration:
Suppose a person is accused of stealing a mobile phone worth ₹15,000. The Chief
Judicial Magistrate could conduct a summary trial in this case as the value of the
stolen property falls below the threshold of ₹20,000. However, if the accused is
also charged with causing grievous hurt during the theft, the Magistrate might
decide to re-hear the case under the regular procedures as grievous hurt
carries a more severe punishment than the simple theft in this scenario.
Common Questions and Answers:
Q1: What is a summary trial?
A: A summary trial is a simplified and expedited trial process
conducted without a jury and with fewer procedural formalities compared to
regular trials.
Q2: Can any Magistrate conduct a summary trial?
A: No, only Chief Judicial Magistrates and Magistrates of the
First Class can conduct summary trials under this section.
Q3: What happens if the Magistrate decides not to conduct a summary
trial?
A: The Magistrate will re-hear the case under the regular
procedures of the BNSS, following a more detailed and complex process.
